Delaware Subpoena Duces Tecum
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How to fill out Subpoena Duces Tecum?
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FAQ
A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces tecum b. a. can only be given to an expert to require a personal appearance before a court or administrative hearing. is binding on a person even if it is mailed to the person rather than handed to them by a process server.
(1) Every subpoena shall (A) State the name of the Court; (B) State the title of the action and its civil action number; (C) Command each person to whom it is directed to attend and give testimony or to produce and permit inspection and copying of designated documents, electronically stored information, or tangible ...
A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v. Nixon, 418 U.S. 683 (1974).
Subpoena Duces Tecum Details Slightly different from a standard subpoena, the Duces Tecum subpoena doesn't require any oral testimony or deposition at trial. Instead, it requires the named party to produce the necessary evidence or documents to an attorney or the courthouse before proceedings begin.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
There are several parts to a subpoena duces tecum. First, it will identify what is being requested. It can be specific (a document) or broad (a type of document, or all documents from a business). Second, it must name the relevant case and contact information from the party asking for it.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
To domesticate a subpoena in a case being litigated in any U.S. state other than Delaware (referred to as a ?foreign? state) the request for subpoena together with the required documents and filing fee must be filed in the Prothonotary Office in the county where the discovery is sought to be conducted in Delaware.
